Revises proceedings to recover possession to prevent avoidable eviction and resulting homelessness; requires improved notice to the respondent

4 Co-sponsors

• Thomas K. Duane
• Shirley L. Huntley
• José M. Serrano
• Toby Ann Stavisky

BILL NUMBER:S451

Title of bill

An act to amend the real property actions and proceedings law, in relation to proceedings to recover possession

Purpose or general idea of bill

To provide greater procedural rights and notifications to tenants in eviction proceedings.

Summary of specific provisions

This bill would:

1) Provide that eviction proceedings could not be instituted unless the multiple dwelling was registered with the appropriate code enforcement agency;

2) Require the use of a plain language petition, designed by the Office of Court Administration;

3) Require that the petition states whether there are any outstanding code violations on the premises, states whether the petitioner has been notified by the local department of social services that payment for rent is being withheld, and states whether the premises is subsidized under any program which requires that certain conditions be met in connection with lease termination or eviction;

4) Impose penalties for any willful material misstatement by the petitioner in the petition;

5) Require that the three day notice of eviction include a statement advising the respondent that emergency assistance may be available from the local department of social services;

6) Provide that upon notification by the local department of social services that an application for such assistance is pending, the officer would not execute the warrant until the officer is advised of the determination of the application; and

7) Allow stays of an eviction warrant upon payment of rent or other - charges owed up until the time that the warrant is actually executed and the eviction occurs, and would also stay the warrant if the local department of social services provides written assurance the overdue rent would be paid.

Justification

Despite years of a growing state and local commitment to the homeless of New York State, costing New York taxpayers hundreds of millions of dollars in emergency social services assistance, emergency shelter and related expenditures, the numbers of homeless men, women and children continue to grow. Most of these expenditures are related to the costs that are incurred after an individual or a family loses its housing. While these costs place a great burden on state and local governments, few state and local efforts have been directed toward preventing homelessness before it occurs. The bill would make a series of

procedural enhancements in the context of the eviction proceeding that would make it possible for tenants in these proceedings to defend against an eviction more effectively. These provisions would ensure that the tenant was aware of the rights already granted by law and would equip the tenant to exercise these rights more effectively.

Legislative history

2003: S.1691 2003-04: S.3098 2005-06: S.1460 2007-08: S.3363 2009-10: S.3849

Fiscal implications for state and local governments

None.

Effective date

The first of January next succeeding the date on which it shall become law.